Posted on 09/20/2006 11:48:16 AM PDT by SmithL
Pasadena -- With the campaign season in full swing, a liberal church is locked an escalating dispute with the IRS over an anti-war sermon — delivered two days before the 2004 presidential election — that could cost the congregation its tax-exempt status.
Religious leaders on both the right and left are watching closely, afraid the confrontation at All Saints Church in this Los Angeles suburb will compromise their ability to speak out on issues of moral importance such as abortion and gay marriage during the midterm elections.
Under federal tax law, church officials can legally discuss politics, but to retain tax-exempt status, they cannot endorse candidates or parties. Most who do so receive a warning.
According to the IRS, the only church ever to be stripped of its tax-exempt status for partisan politicking was the Church at Pierce Creek near Binghamton, N.Y., which was penalized in 1995 after running full-page ads against President Clinton in USA Today and The Washington Times in 1992 during election season.
Before this fall's congressional races, the IRS warned that it would be scrutinizing churches and charities — important platforms, particularly for Republicans — for unlawful political activity.
(Excerpt) Read more at sfgate.com ...
If you want to go ahead and break the rules you will lose your tax exempt status.
I call BS. I see democrats doing this all the time and getting away with it. Black churchs, especially.
My MIL was the secretary there many years ago. George Regas is a real piece of work. Even my very liberal MIL grew to dislike him.
"important platforms, particularly for Republicans"
Whoah! Projection.
Technically, Churches are tax-exempt even without 501(c)(3) status.
From IRS Pub 557 (page 18):
Organizations Not Required
To File Form 1023I don't remember this story getting much notice at all.
An appellate court has upheld a federal court ruling removing an upstate New York church's tax-exempt status after it bought newspaper ads opposing then-presidential candidate Bill Clinton's 1992 campaign.
The revocation, which marked the first time a church has lost its tax exemption for political activity, "neither violated the Constitution nor exceeded the IRS's statutory authority," ruled a three-judge panel of the U.S. Circuit Court of Appeals for the District of Columbia on May 12.
Lawyers for the Church at Pierce Creek in the i, New York, area had argued that the Internal Revenue Service violated the church's free-speech rights, engaged in selective prosecution and exceeded its authority. "These objections are without merit," the appellate court found in a unanimous ruling.
Just before the 1992 election, the church and its pastor, Daniel J. Little, purchased full-page advertisements in USA Today and the Washington Times to encourage voters to reject Clinton on the basis of his stands on homosexuality and abortion. Americans United for Separation and State filed a complaint with the tax agency after the "Christians Beware" ads appeared.
I disagree... churches out to be able to rally votes for candidates without its members losing their charitable status... There was much fear in the Catholic Church because priests were giving sermons in 2004 saying we should always support the pro-life candidate... it trumps other issues... a Church should be able to hold that position without fear of the IRS.
That was a church that was a 501(c)(3) church. A non-501(c)(3) church is also tax exempt, but is not under the authority of the IRS. That is the way the law is written to meet the First Amendment. However, I think todays courts have a different interpretation of the first Amendment than they did in the 1950's and Congress could get away with regulation speech in churches without the 501(c)(3) games.
"If you want to go ahead and break the rules you will lose your tax exempt status." ...unless you belong to an african american church.
Yep we are traveling down a dirty road where the IRS is given authority over the church under the color of law. Technically churches don't need 501(c)(3) {a status created by the great Lyndon B. Johnson} to be tax-exempt, but the vast majority of churches do because they mistakenly believe they do.
Unless you consider voting for socialists a religion, churches can talk about religion all they want.
Its clear that tax exempt status is contingent on the following:
"The IRS exempts certain groups, including religious ones, from taxation provided that they do not engage in "any political campaign on behalf of (or in opposition to) any candidate for public office."
This is really not even debatable.
The Black churches just blatantly ignore the law and dare the GOP to go after them.
The GOP doesn't dare so instead it goes after a white liberal church.
The Black churches will continue to ignore the law and nothing will happen to them.
As you can see here it takes a squeeler to rat out churches that discuss politics. The IRS does not monitor but acts on a complaint. I had an article from several years ago that had a photo of one of the squeelers that attends churches around KC looking for churches to report.
http://www.propagandamatrix.com/articles/july2004/240704thoughtpolice.htm
Thought Police Snitches Monitor Churches For Political Speech
Associated Press | July 24 2004
OVERLAND PARK, Kan. -- A recent Sunday found Tina Kolm changing her morning routine. Instead of attending a Unitarian Universalist service, she was at the Lenexa Christian Center, paying close attention to a conservative minister's sermon about the importance of amending the U.S. Constitution to ban gay marriage.
Kolm is one of about 100 volunteers for the Mainstream Coalition, a group monitoring the political activities of local pastors and churches. The coalition, based in suburban Kansas City, says it wants to make sure clergy adhere to federal tax guidelines restricting political activity by nonprofit groups, and it's taking such efforts to a new level.
The 47-year-old Kolm, from Prairie Village, said keeping church and state separate is important to her. She doesn't want a few religious denominations defining marriage -- or setting other social policy -- for everyone.
"What it's all about to me is denying some people's rights," she said.
But some local clergy think the Mainstream Coalition is using scare tactics designed to unfairly keep them out the political process.
"Somebody is trying to act like Big Brother when there's no need for Big Brother," said the Rev. James Conard, assistant pastor at the First Baptist Church of Shawnee. "It's obviously an intent to intimidate."
I think they feel you "owe them" ... in lieu of reparations and all.
That is true. But it is also true that Churches are automatically exempt without IRS approval. That is not debatable either according to IRS publications.
see psot 8....
Thanks for the links. Frankly, I'm all for Freedom of Speech for all Churches. But attacking conservative churches while giving liberal ones a pass is just plain wrong.
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